Skip to main content

GrandParent's Rights

Can Grandparents Get Custody or Access

There are situations in which Grandparents can obtain custody or access orders in their favour. While there is a presumption that the parents of a child are equally entitled to custody, there is no such presumption for grandparents. Grandparents only have rights to the children pursuant to court order. 

Grandparents should appreciate that courts will not interfere in custody and access arrangements for any but the most serious of reasons. And by starting a court action against the parents, they may be severely damage the relationship they have with the parents.

It goes without saying that grandparents are well advised to seek court intervention in only the most serious of cases; cases that involve major parenting issues that affects the best interests of the children. It is normally not sufficient to indicate that you have been denied access, a decision that parents have control over, as an aspect of custody. 

There is an underlying assumption in decided cases, that access should remain in the discretion of the parents. It is not enough to show that access to the grandparents might be beneficial to the children.

The ultimate test in any custody or access application will distill down to what is in the best interests of the child. See the contents of section 24 of the Children’s Law Reform Act under ‘custody’, above.


--------------------------------------------------------------------------------------------------------------
Pearce Ducharme Family Law is a law firm in Windsor Ontario


We have been acting for Emergency custody cases, Divorce, Separation, Child Support, Spousal Support, Access and Children's Aid matters for almost 40 years.
If you have an emergency situation we will commence a court action on your behalf and place it before a judge usually within two weeks.

We are based in Windsor, Ontario
but services Essex and Chatham Kent Counties. Our law firm is located at 359 Goyeau street.

Call us now and book a free consultation appointment to meet with a lawyer and discuss your case. 519 252 2652

Or visit our website www.pearceducharme.com

--------------------------------------------------------------------------------------------------------------------

Please note: If you are involved  in a matrimonial dispute, we strongly recommend that you retain a lawyer to represent 
you at the first   possible opportunity;

This site and this note are designed only to acquaint you with a 
few (and only a few) of the issues that may affect you. 
It is not intended as legal advice on any specific case. 
You are well advised to retain the services of an 
experienced lawyer as soon as possible. 

Comments

Post a Comment

Popular posts from this blog

Mediation

Exerpt taken from Pearce Ducharme  . Mediation is voluntary.   It is an attempt to resolve the matters in dispute with the assistance of a third party by way of  discussion and compromise. Good Matrimonial lawyers routinely try to resolve issues in this  fashion.  They may have a tendency however, to resort to the traditional adversarial  approach  when they hit roadblocks.  Some issues are more difficult to arbitrate than others. Custody is often such an issue.  Arbitration does not focus on what each party is entitled to, so much as what works for the  parties and seeks common ground on all of the issues.  Under Ontario law, mediation is given a role, allowing courts to order it, with consent. Find out more at our main site Pearce Ducharme Family Law Pearce Ducharme Family Law is a law firm in Windsor Ontario We have been acting for Emergency custody cases, Divorce, Separation, Child Support, Spou...
Post a Comment
Read more

Parental Abduction of Children

A bitter custody dispute occasionally  results in one of the parents seeking to find a more  ‘hospitable’ jurisdiction to argue custody in. In rare cases, parents often abduct the child to a  jurisdiction where they will not be found, or to a jurisdiction  here the abducting parent will  have an advantage in any court proceeding. For example, an Iranian parent may take the child  and scoot back to Iran while a Mexican parent may race back to Mexico with the child. Most jurisdictions make some attempt to stop ‘jurisdiction shopping’. Accordingly, the  provisions of the Divorce Act allows a court to transfer divorce proceeding from one Province to  another if it would allow a court to better act  in the best interests of the child. Almost all the Provinces have provisions aimed at allowing reciprocal enforcement of custody orders between Provinces, to minimize attempts by parents to re-try these cases until they obtain a favourab...
Post a Comment
Read more

Cheating Spouses

There are very few situations in which “cheating” will be considered by a presiding Justice.    This is often felt to be unfair by the non-cheating spouse, especially when the issues  of custody and access are raised. But courts will consider custody and access based  upon what is in the ‘best  interests’ of the children.  They can review all of the  facts and can take conduct of the parties into consideration but it would be very unusual for a court to put much emphasis on infidelity.   for more information on Windosr Family lawyers go to our main site. -------------------------------------------------------------------------------------------------------------- Pearce Ducharme Family Law is a law firm in Windsor Ontario We have been acting for Emergency custody cases, Divorce, Separation, Child Support, Spousal Support, Access and Children's Aid matters for almost 40 years. If you have an emergency situation we will comm...
Post a Comment
Read more